HUMAN RIGHTS & HUMAN WELFARE
A Legal System That Compromises Due Process and Promotes Organ
Harvesting & Human Rights Abuse Of Prisoners: A Case Study Of China
By Shivani Ramdeo
On June 21, 1989, three men were executed in Shanghai two weeks after their arrests. The Xinhua News
Agency reported that Bian Hanwu, Xu Guoming and Yan Xuerong were arrested, charged and convicted for
sabotaging transportation. Upon rejection of their appeals by the Shanghai People’s High Court, they were
executed. Again, Xinhua reported on January 26, 2003, the execution of Lobsang Dondrub, (who was
found guilty of inciting a split in the country and illegally possessing firearms and ammunition), hours after
his death sentence was approved by the Sichuan Province Higher People’s Court, despite an assurance to a
US delegation that a thorough review of his sentence would have been undertaken.
In the Peoples’ Republic of China (PRC), the Death Penalty is utilized for many criminal offences
apart from homicide and treason. As is indicated above, the speed at which executions occur raises
concerns regarding violations of prisoners’ rights. The situation shows that the nature of the Chinese
legal system serves to subvert justice by having prisoners executed by a compromise of due process.
A legal system such as this, would serve to promote organ harvesting. There is no prima facie
evidence suggesting that China is deliberately seeking to participate in organ harvesting and organ
trafficking; however, due to the inherent nature of Chinese Criminal Procedure Law and the high
demand and profit in organ harvesting and trafficking globally, it can be inferred that such a trade
can infiltrate and grow within China. This essay examines the fairness of China’s Criminal Justice
System to show how an absence of due process and improper criminal procedures can accentuate
the abuse of prisoners’ rights with specific reference to organ harvesting.
Liu Renwen, Professor of the National Institute of Law at the Chinese Academy of Social
Sciences, once disclosed in an interview that academic estimates put China’s executions at around
8000 per year. China’s current legal system, coupled with the high levels of executions, indicates an
environment that is more susceptible to the harvesting and trafficking of organs. The long periods
of detention, lack of instruments facilitating due process, and the speed of the trial and appeal
process allows for the violation of prisoners’ human rights and by extension gives the State the
autonomy to participate in the illegal organ trade without any hindrance should the State choose to
embark on such a venture.
It is important at this point to establish that the PRC is a signatory to the Universal Declaration
on Human Rights, the International Covenant on Civil and Political Rights and the UN Convention
Against Torture & other Cruel and Inhuman or Degrading Treatment or Punishment. Although
legal protections exist within the 1979 Criminal Procedure Law (CPL) and it is in compliance with
International Conventions, it is disregarded or ignored due to ambiguity. Furthermore, Timothy
Gelatt states that in some instances, abuse results from the law themselves, or manipulation of same.
The absence of a fair judicial process that includes long periods of detention and arrests, the use of
torture, the absence of a presumption of innocence and the right to counsel are all policies that
would promote the harvesting of organs from executed prisoners. This is further intensified by the
speed that matters are processed by the courts. These violations are now examined.
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In accordance with Article 9 of the International Convention on Civil and Political Rights, a
person upon detention or arrest in criminal matters has to be brought promptly before a judge or
other officer authorized to exercise judicial power. Practice in China is such that one can be detained
(according to the CPL Article 48) for up to 10 days and the issue of notification to relatives can be
bypassed if the authorities believe that this would pose an obstacle to the investigation (article 46
CPL). Once the procuracy determines that the offender could be punished he/she may be formally
arrested within 10 days. This is a clear violation of due process standards regarding detention, as 10
days according to international standards cannot be classified as ‘prompt’. Gelatt states that this is
compounded by the absence of a habeas corpus proceeding whereby an individual may challenge the
validity of detention before the Courts.
There are other violations that are linked to detention periods, such as the use of torture. Clarke
and Feinerman indicate that despite being a signatory to the International Conventions mentioned
above—which all explicitly state that no person should be subject to torture—and the endorsement
of same standards within the Criminal Law and Criminal Proceedings, there continues to be
documented evidence of torture to extract statements and or confessions. The absence of a legal
representative present upon arrest facilitates the use of improper techniques during the interrogation
period. In addition Belkin, Gelatt and Amnesty International all attest to the fact that statements
extracted from the initial interrogation is acceptable in Court as evidence as there is no law that
denies the use of torture as being inadmissible.
This situation is further exacerbated by the fact that an offender is only entitled to legal
representation after the first interrogation. It is only after the procuracy decides to initiate public
prosecution that a defense attorney can be obtained as stipulated in CPL article 103. The time frame
for this is limited and in most instances the Counsel only has 7 days to become familiar with the
case. Such a practice can cripple any defense especially in instances where there are already
confessions of guilt derived from questionable means. Furthermore it is in direct violation of the
UN Basic Principle on the Role of Lawyers which states that anyone charged with a criminal offence
is entitled to prompt legal representation upon arrest, and not later than forty eight hours from the
time of arrest or detention. This UN Basic Principle is not legally binding but it sets standards
regarding the right of Counsel and ensures that all individual have access to legal representation so
that their rights would not be violated. The CPL however contradicts these Principles as there is no
immediate access to a lawyer and the detainee is not informed of any right to legal representation of
their choice. The limit placed upon the accused for an appropriate legal council allows for a stronger
prosecution and weaker defense, and result in conviction and death.
In addition, Chinese Law does not recognize the notion of the presumption of innocence or
guilt. This falls short of Article 14 of the International Covenant on Civil and Political Rights that
implies that everyone charged with a criminal offence shall have the right to be presumed innocent
until proven guilty according to law. Thus in this situation one charged is already presumed as being
guilty and this is a questionable practice because it raises concerns as to whether the trial would
bring about a fair or impartial judgement. Such a practice lends itself to grave violations and favors
the State, making it more convenient to manipulate the results of cases for a conviction.
Furthermore, appeals under the CPL are limited to 10 days for minor offences and 3 days for
serious offences that involves public security. More so, the right to review all death penalty cases is
held by the Supreme Court in China. The swiftness of this process complimented by the lack of the
proper criminal procedure practices allows for particularly high cases of guilty convictions for the
death penalty and questions the fairness of the legal system.
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Although Chinese Authorities have not openly declared the practice of harvesting and trafficking
of human organs, Vice Health Minister, Huang Jiefu, has stated that the majority of transplant
organs have been taken from convicted prisoners, but with previous consent. The integrity of this
consent however can be reasonably questioned, given the structure of the legal system and the
practices discussed above. The circumstances present within the Chinese Criminal Procedure Law
are fertile ground for the illegal harvesting of organs. Whether one considers the alleged consent for
organ harvesting legitimate or not, human organ harvesting has been admitted by at least one
Chinese official. Also given the fact that the practices of organ harvesting and trafficking are quite
profitable, that there is a limit to the transparency and accountability of criminal law procedures
from outside perusal, and a limit placed upon accused persons within the legal process, the
likelihood of a frugal organ trade facilitated by Chinese authorities may very well exist. Yet, with the
lack of prima facie evidence, the Western practice of innocent until proven guilty must be extended
to the State of China, and as such, a clear statement cannot be made, unless appropriate, impartial
evidence is provided. The ‘secrecy’ within which the Chinese legal system operates adds to
conspiracy.
Annotated Bibliography
Abrahamson, Daniel N. 1992. “Capital Punishment in Post Colonial Hong Kong: Issues, Answers &
Options.” New York University Journal of International Law & Politics 24 (3):1219-1252.
Annotation: The article examines the transition of Hong Kong as a Special Administrative
Region under the direct authority of the Peoples’ Republic of China and the implications for
the legal system in Hong Kong with regard to the Death Penalty. The author identifies a
contrast in the legal system that dominated Colonial Hong Kong (British legal system/
common law system) and the People’s Republic of China (based on statutory law). While he
is by no means supportive of China’s stance on Capital Punishment, he makes a genuine
attempt to understand the origin of China’s Capital Punishment. He identifies that capital
Punishment in China has been shaped by “ancient schools of Legalism and Confucianism
which rejected the concept of fixed and universal human rights and that the ruler’s right to
make law is absolute.” As a result, no individual rights can limit the power of the state.
Capital punishment the author says is based on utilitarian grounds in that execution serves as
a tool to deter individuals from committing crime, thus maintaining order, making China
safer and preserves the citizen’s faith in the power of the State. The author’s examination of
the issue raises questions as to whether Capital punishment is legitimately immoral or is that
the view of the West. The validity of his arguments are compromised by his questionable
choice and use of particular sources of data namely Amnesty International’s Index on the
Death Penalty in China.
Amnesty International Canada. 2004. “The Death Penalty in China: Executed According to Law”.
Amnesty International, Available online: http://www.amnesty.ca/take_action/actions/chinadeath_penalty.php.
Annotation: In this article, Amnesty International examines the secretive nature of the Death
Penalty in China and more importantly violations in the legal proceedings, which lead to
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innocents being executed. The report documents certain abuses of legal rights that include
no immediate access to lawyers and inadequate legal representation, the use of torture to
extract confessions for use of evidence in court and minimal or legal training of judges,
which in turn make capital punishment more convenient for the Chinese government to
enforce. Furthermore it examines the violations of prisoners’ rights. While in the Report
Amnesty International uses a number of documented cases, there is a lack of quantitative
data (statistics regarding number of inmates who have been executed). Its findings are more
qualitative in nature. This is as a result of Chinese secret legislation that allows them to keep
such information undisclosed. The article concludes with recommendations on international
standards and law that the Chinese government should comply with and legal reform of the
Chinese Judicial system.
Anderson, Mark F. 2000. “The Prisoner as an Organ Donor.” Syracuse Law Review 50:951-956.
Annotation: The author is not in favor of the death penalty and so is against the use of
prisoners’ organs on moral and ethical grounds. He believes that the implementation of such
a program will encourage the use of capital punishment. He argues that it is morally
unjustifiable to kill someone to save the life of another.
Angle, Stephen & Svensson, Marina, (ed.) 2001. The Chinese Human Rights Reader: Documents
and Commentary, 1900-2001. New York: M.E. Sharpe Inc.
Annotation: This book utilizes a historical approach to examining human rights in China. It
traces the human rights discourse from the beginning of the 20th century to present times
through a series of essays. These essays highlight various interpretations of rights. In
addition close attention is paid to the civil rights of individuals in China. The authors all
endorse the call for the reform of the Chinese government and the Criminal Procedure so as
to improve the human rights condition. In addition, the authors believe that International
Organizations can play a huge part in lobbying for reforms.
Belkin, Ira. 2000. “China’s Criminal Justice System: A Work in Progress.” Washington Journal of
Modern China: 61-87.
Annotation: The author, Ira Belkin is an American Prosecutor who was on an exchange
programme in China working with Chinese prosecutors about their Criminal Justice system.
She makes a critical appraisal of Chinese Criminal Justice System, acknowledging that China
has been making attempts to reform the legal system. The author gives a clear indication of
how the current legal system works and details the procedures for criminal prosecution. She
also notes that the Chinese legal system is “a civil society system as opposed to a common
law system, with only statutory laws, not case laws and judicial decisions do not have any
legally binding precedential effect.” While the author believes that China is genuinely
attempting to reform the legal system, it is indicated that the current system is not one based
on fairness or up to international standards. As a result of this it would be uncomplicated for
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the Chinese government to abuse the use of organ harvesting in prisoners and other
violations against them. The author cleverly admits that through Western eyes, it is easy to
see deficiencies and understand the uproar that is being made with regard to the violation of
prisoners’ rights, the paper is in no way written with a bias but rather she states the facts and
tries to give plausible answers for the state of China’s legal system.
Branigan, Tania. 2009. “China admits that Executed Prisoners provide most of the Countries
Donated Organs.” The New York Daily News, (August 26).
Annotation: In this article, dated August 26th, 2009, the journalists quotes the Vice health
Minister Huang Jiefu as reporting that “Most transplant organs are taken from executed
prisoners but with prior consent.” Through this article, the issue at hand gains credibility, but
with the Minister mentioning that consent to harvest organs is given prior to the sentence
being carried out, this leaves a question mark as to whether there is indeed a violation or
ethical concern. Moreover the article states that the Red Cross is trying to effect change by
encouraging donations or organs from the public. This is perhaps an excellent example of
how solutions can be found at the level of civil society by networking. Thus developing a
holistic approach, that is at the national and international level is what is needed to effect
change and ensure that human rights are not violated.
British Medical Association. 1992. Medicine Betrayed: The Participation of Doctors in Human
Rights Abuses. London: Zed Books.
Annotation: The book examines different of human rights abuses that medical practitioners
engage in a number of countries. The author uses the ethical standards and International law
to show how doctors who engage in various practices are violating human rights and the
obligation to guarantee the safety and health of their patients. The chapter on Corporal and
Capital punishment suggest that the use of prisoners’ organs in China is not a theoretical
suggestion but a practical reality and that direct medical involvement is a real possibility.
Utilizing a study done by a surgeon at Hong Kong University they solidify their claim by
identifying that the fact that prospective recipients can be given appointments for their
transplant indicated either that they were schedule to receive live donors or from executed
prisoners. This book gives credibility to the issue of illegal organ harvesting in China.
Cameron J.S, Hoffenberg R. 1999. “The Ethics of Organ Transplantation Reconsidered: Paid Organ
Donation and the Use of Executed Prisoners as Donors.” Kidney International (55):724-732.
Annotation: In Cameron and Hoffenberg’s commentary, they examine the arguments for
and against the practice of paid organ donation and the use of organs from judicially
executed prisoners. In their paper, they solicit that the current ethical debate be reasoned on
both issues. The main argument of the paper is that the overall disgust and revulsion of the
practices has arisen largely from the abuse of the process, rather than the acts themselves,
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coupled with mass opposition to the death penalty. This paper is very academic in nature
and does not show any partiality to the concerns raised.
Clarke, D.C. Feinerman, J.V 1995. “Antagonistic Contradictions: Criminal Law & Human Rights in
China.” The China Quarterly 141:135-154.
Annotation: This article gives an overview of issues of criminal law and human rights as they
affect Chinese society. It first gives a concise description of the Chinese legal system,
describing in detail its Criminal Law and Criminal Procedures. In examining the Criminal law
and Proceedings they show there is serious potential for abuse of civil liberties especially
with regard to the current criminal procedures. They then look at China within the
International Human Rights Framework. The author indicates that while China has
documented in their Constitution provisions that allow for freedom of speech, religion,
elimination of racism, freedom of assembly and association that are also found in the
Universal Declaration on Human Rights, there are many breaches. The articles states the
view that the proper development of a human rights consciousness in China is difficult to
achieve due to the contradictions within their legal system and more so due to the law and its
institutions being tied to party and politics.
Coplan, Arthur. 2004. Ethics for Organ Transplantation.
http://www.ahc.umn.edu/img/assets/26104/Organ_Transplantation.pdf.
Annotation: Essentially this is a bioethical article that examines medical, ethical and legal
concerns surrounding the transplantation of organs. However provides good detailed
information on the use of cadaveric (dead body) organ donation and identifies the uses of
organs from prisoners who are put to death as a strategy under consideration to increase the
number of available cadaveric organs. He examines the arguments both for and against the
use of executed prisoners’ organs. Arguments in favor include the following; that it is the
execution that is morally unsound and not the organ removal; in light of organ shortage, not
to use the organs for transplant would be wasteful, that it is allowable once there is legal
consent and not the means by which the prisoner is killed, that it is justifiable if a presumed
consent donation practice is enforced. On the negative side, some of the concerns are
centered on the notion that it is a morally, objectionable practice. The article takes a very
academic stance and credibly backs up any arguments or concerns raised.
The Eighth National People’s Congress of China. 1977. “Criminal Law of the People’s Republic of
China.” Available online: http://www.cecc.gov/pages/newlaws/criminal/LawENG.php.
Annotation: This article was translated by the US Congress Department and of particular
interest was Section 5 on the death penalty, Article 48-51. Overall the source gives a clear
and simple overview of the law to such an extent that those unfamiliar with legal jargon can
comprehend it without much difficulty. However, though the simplicity of the writing may
have achieved its goal at reaching the uninformed and legally unattached reader, this
technique has oversimplified and has diluted proper comprehension of the law. An example
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of the peril of oversimplification is Article 48, which is not appropriately explained. It uses
the expression “extremely serious crimes” which is not sufficient for the proper appreciation
of the law. It should have specified the crimes deserving of the death penalty, which was
very much applicable for the knowledge of the reader. Nonetheless, the document gives a
summary of the bodies responsible for deciding cases for the death penalty and mitigating
factors associated with such a crime in China. It speaks on suspended sentences and
situations that may mitigate or aggravate said sentences.
Gelatt, Timothy. 1993. Criminal Justice with Chinese Characteristics: China’s Criminal Process and
Violations of Human Rights. New York: Lawyers Committee for Human Rights.
Annotation: The author examines the repressive nature of criminal law in China and raises
concerns that such a legal structure violates fundamental human rights. He identifies key
institutions within the Chinese legal system and shows that by nature they are repressive.
Gelatt also addresses human rights issues and makes recommendations for reform.
Hedges, Stephen & Gaines, William. 2000. “Donor Bodies Milled into Growing Profits.” Chicago
Tribune, (May 21).
Annotation: In this newspaper article, from the Chicago Tribune, the journalists identify that
the tissue transplant industry is a predatory and unregulated one with few checks and
balances. Furthermore there are huge profits to be made. Organ and tissue transplants is
identified as a lucrative business not because of the benefits to genuinely sick victims but
rather for more superficial uses such as knee replacements, cosmetic surgery and the testing
and manufacturing of new drugs. While the article is drawing strongly on the situation in
America, it makes the reader aware of how alarming any situation involving organ and tissue
transplant can become if not properly monitored. This is very pertinent to examining the
organ harvesting trade in China because it not only raises questions about the unethical
practices but it also gives credibility to the point that given the profit to be made there is
reasonable evidence to suggest the growing trend in China’s organ trade and by extension an
increase in executions.
Hinkle, W. 2002. “Giving Until It Hurts: Prisoners Are Not the Answer to the National Organ
Shortage.” Indiana Law Review 53 (35):593-619.
Annotation: While Hinkle recognizes that there is a shortage of transplantable organs, he
does not believe that the answer to the problem is the utilization of prisoners’ organs
whether they are living or dead. He believes that such a consideration is “irrational”. In this
article he examines procurement practices for organs in China, legislation regarding organ
harvesting from executed prisoners in the United States, the arguments of medical physicians
such as the practice has a high risk of transmittable diseases and the overall negative effect it
would have on the public’s view of organ harvesting. He believes that other solutions should
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be utilized to solve the problem of organ shortage. His arguments indicate that the sale of
organs exploits and support execution of prisoners.
International Committee for the Red Cross. 1997. “The Bellagio Task Force Report on
Transplantation, Bodily Integrity & the International Traffic in Organs.”
http://www.icrc.org/Web/eng/siteeng0.nsf/iwpList302/87DC95FCA3C3D63EC1256B66
005B3F6C.
Annotation: The Bellagio Task Force report addresses two main issues namely the
commercialization of organs from paid donors and the use of organs taken from either
executed or voluntary living prisoners. The Report states that commercialization of organ
trade puts deprived people further at risks. Executed prisoners form part of the group that
becomes vulnerable members of society with the commercialization of organ transplants
especially in a country like China. In addition it states that transparency and fairness cannot
be assured. The report highlights that while International Humanitarian Law agrees that the
issue is unethical, these instruments do not properly address the concerns in a significant
manner. They fail to provide a rationale for their position; there are no supporting
arguments, they contain no provisions for enforcement or how policies should be
implemented or penalties imposed for violations. The article therefore identifies clearly the
lack of proper international legal instruments to deal with the dilemma of illegal organ
harvesting. In scrutinizing the issue in China, the report brings to light the arguments put
forward in favor of the harvesting of organs from prisoners, namely, that death will occur
anyway, if not utilized, the organs will be wasted, the state has the legal right to not only
execute the prisoner but also remove organs for a socially constructive purpose and that it
gives the criminals a chance to redeem themselves. But the report implicitly states that the
objects outweigh the benefits and this is promulgated by the fact that in China the process is
hidden and therefore subject to gross abuse.
Kuhn, Jeffrey. 2003. “Three Views of Organ Procurement Policy: Moving Ahead or Giving up?”
Kennedy Institute of Ethics Journal 13 (1):45-50.
Annotation: Jeffery Kuhn, demonstrates in his articles that there is an inadequate supply of
organs for transplant and as a result there is a long waiting lists of patients. It is his opinion
that schemes can be introduced to allow for the sale of organs, by advocating a market
approach and change in social culture. But like most individuals writing from the bioethical
perspective, the fact remains that any policy implemented may encourage the exploitation of
those donors both living and dead.
Matas, David & Kilgour, David. 2006. “Report into Allegations of Organ Harvesting of Falun Gong
Practitioners in China” Ottawa: Falun Dafa Information Centre. Available online:
http://www.david-kilgour.com/2006/Kilgour-Matas-organ-harvesting-rpt-July6-eng.pdf.
Annotation: While the title of this document speaks for itself, the authors also identify that
many prisoners who are practitioners of Falun Gong are victims of organ harvesting. They
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highlight the difficulty in gathering solid evidence and they identify that this is due to China’s
no access to information legislation and prohibition of meeting prisoners.
Miller, R.B. 1999. “Ethics of Paid Organ Donation and the Use of Executed Prisoners as Donors: A
Dialectic with Professors Cameron and Hoffenberg.” Kidney International (55):733-737.
Annotation: Miller’s article gives a commentary on Cameron and Hoffenberg’s article.. He
takes a slightly different slant and believes that only under certain conditions should the
practice be allowed. Miller states that it could be argued to be ethically permissible for death
row prisoners to donate an organ upon execution to a relative or friend, but not to a stranger
or unrelated individual. He states his position as, “I would allow the transplantation of
deceased prisoners’ organs if, and only if, the society had a universal presumed-consent
policy for all members of the society.”
National Attorneys’ Committee for Transplant Awareness Inc. 2001. “Organ and Tissue Donation
and Transplantation: A Legal Perspective.” Available online:
http://www.transweb.org/reference/articles/donation/nacta.html.
Annotation: The author identifies that China has vehemently denied the existence of the
1984 Rule because acknowledgement of this would be an admission of financial gains from
prisoner’s organs. While the author recognizes that the World Health Organization regards
the trade in body parts as a violation, “The human body and its parts cannot be the subject
of Commercial transactions” and that various Medical Associations supports this view, the
writer contends that lack of international conventions has a huge impact on the unregulated
trade in China. The author presses for transparency and fairness and reiterates that this can
only be achieved with the introduction of proper international human rights law. While the
article raises some deep questions in dealing with the situation, it doesn’t directly target the
legal implications of the situation.
Palmer, L.J. 1998. “Capital Punishment A Utilitarian Proposal for Recycling Transplantable Organs
As Part of a Capital Felon’s Death Sentence.” University of West Los Angeles Law Review 29 (1).
Annotation: Palmer argues in favor for the consideration of harvesting organs from executed
prisoners. By examining the history of rights or corpses and the current practice in China, he
makes a case for organ harvesting. He is of the firm opinion that not utilizing the organs
from prisoners is seen as wasting and he believes that more individuals would benefit in the
long run from utilizing prisoners’ organs. For example he notes, “One executed prisoner
can save at least 8 lives and help as many as 75 others.” He recommends that organ
transplantation should be used as part of a convicted offender’s sentence. He justifies his
proposal with three fundamental principles of punishment currently in place: deterrence,
retribution and restitution.
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Patton, L.M. 1996. “A Call for Common Sense: Organ Donation & the Executed Prisoner.” Virginia
Journal of Social Policy and Laws 3:432-443.
Annotation: The main thesis of her discussion centers on the viability and potential that the
death penalty carries in conjunction with an organ procurement plan. She adopts a historical
approach with regard to the practice in the United States. Then she makes a comparison
with current methods of execution. The author believes that prisoners’ organs can be
harvested but she affirms that the method of execution must be changed to be compatible
with organ procurement. She concludes by examining the ethical and practical issues doctors
would face in being involved in such procedures. While the article gives credible and
justifiable reasons to implement such a policy, it does not look at the negative implications in
detail. Moreover she provides policy considerations and recommendations and this serves to
oversimplify the process.
Potter, Pitman. 2001. The Chinese Legal System: Globalization and Local Legal Culture. New York:
Routledge.
Annotation: The book examines the major features of the Chinese Legal System and
identifies changes and reforms that it has undergone since 1978. Potter indicates that
China’s policies and practices are not keeping its claim to respect human rights and many of
its judicial practices fall short of international standards. The author is impartial in his writing
as he acknowledges that China has come a long way in legal reform and is continuing to do
so.
Scheper-Hughes, Nancy & Wacquant, Loic, (ed). 2004. Commodifying Bodies. London: Sage
Publications.
Annotation: The contributors to this book deals with various aspects of organ harvesting
such as cells, sperm banks and kidneys and a central theme is the notion of the human body
as profitable merchandise. However, the piece in this book that was most important to this
paper was “Bodies for Sale -Whole or in Parts” by Nancy Scheper-Hughes. She argues that
medical practitioners and recent advancement in medical sciences has aided in
commodifying organ harvesting and thus is has become a lucrative business for anyone who
has the resources to indulge. She identifies the development or transplant tourism as a result
of international trafficking in organs. The general theme of the book is centered on the
moral and ethical concerns of organ harvesting.
Svensson, Marina. 2002. Debating Human Rights in China: Conceptual and Political History.
Maryland: Rowman & Littlefield Publishers Inc.
Annotation: The author argues that if one is to trace the history of China, the concept of
Human Rights has always been prevalent in the political discourse. She examines the
relationships that exist between current domestic laws in China and international human
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rights instruments. This book gives a comprehensive idea of human rights in China as it
gives both the Western perspective and Chinese view.
The United Nations General Assembly. 1990. A/Res/45/III: “The Basic Principles for the
Treatment of Prisoners.” United Nations.
Annotation: In seeking to document some of the basic principles to be subscribed to for the
treatment of prisoners, this Resolution – building upon previous resolutions and
submissions from various International civil bodies outlines inter alia, that a prisoner should
not be discriminated against, and should be allowed certain rights to allow for successful
restorative and re-integrative purposes. Sections 1 and 5 of this document speak with greater
pertinence to this essay as it emphasizes the fundamental principles of treatment as outlined
by the Universal Declaration of Human Rights.
The United States House of Representatives. 2001. “Organs for Sale: China’s Growing Trade and
Ultimate Violation of Prisoners rights: Hearing before the Sub-committee on International
Operations and Human Rights.” United States House of Congress.
Annotation: The document speaks on allegations of organ trade particularly in China before
the first Session of the 107th Congress. Though there is mention of cases to highlight an
alleged growing trend of executing prisoners in Chinese prisons and harvesting their body
organs for profit, there is no sufficient evidence to meet the claims on this issue. . The
document identifies witnesses who in some way gained knowledge of alleged human rights
infringements relative to organ harvesting. However, the report provides no evidence to
adequately convince the reasonable reader of the scale of organ harvesting practice in
China’s prisons. While the document gives an initial outline of the alleged practice, it cannot
on its own be used as a proper source for substantiating the question of the practice.
Wan, Ming. 2001. Human Rights in Chinese Foreign Relations: Defining and Defending National
Interests. Philadelphia: University of Pennsylvania Press.
Annotation: The author examines the discourse between the West and China regarding the
issue of human rights. The book evaluates China’s human rights relations with the United
States, Western Europe, Japan and the United Nations’ human rights system. The author
indicates that whenever there is external pressure due to domestic human rights abuses,
China is able to deflect from the situation by making compromises and offering economic
enticements to some of the states that are exercising international pressure on them. In sum,
China is able to use economic power to digress from human rights concerns in the
international arena and so continue with its violating practices.
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